Michael T. Gershberg, a corporate partner resident in Fried Frank's Washington, DC office, is a member of the International Trade and Investment Practice.
Mr. Gershberg's practice focuses on the representation of foreign and domestic clients regarding the application of economic sanctions and export control laws and regulations, including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and economic sanctions administered by the Office of Foreign Assets Control (OFAC). Mr. Gershberg also advises clients on their obligations under the antiboycott and anti-money laundering rules.
Mr. Gershberg's work in the export control and economic sanctions area includes advocacy before governmental agencies, conducting internal investigations, and preparing voluntary self-disclosures and other legal submissions. He also assists clients in connection with export transactions and enforcement issues, due diligence for mergers and acquisitions, economic sanctions and export control training, determining export jurisdiction and classification, developing compliance plans and providing compliance counseling, and export licensing.
Mr. Gershberg also advises clients concerning regulatory issues related to foreign investment transactions, including proceedings before the inter-agency Committee on Foreign Investment in the United States (CFIUS).
Mr. Gershberg's practice involves matters of data protection and cybersecurity. He counsels companies regarding encryption import, export, and use rules in the United States and jurisdictions around the world. His experience with encryption items includes product classification, encryption licensing, and related compliance and enforcement issues. He also advises companies regarding their rights and obligations under the surveillance provisions of the Electronic Communications Privacy Act (ECPA), the Communications Assistance for Law Enforcement Act (CALEA), the Federal Wiretap Act (Title III), and federal and state privacy laws.
Mr. Gershberg is recognized by Chambers USA: America's Leading Lawyers for Business as a “Recognized Practitioner” in International Trade: CFIUS Experts, and was also recognized in the Foreign Investment Review chapter of Who's Who Legal: M&A and Governance 2019. He is a member of Law360's International Trade Editorial Advisory Board (2016-2019).
Mr. Gershberg has authored or co-authored articles that have appeared in publications including WorldECR, Law360, Columbia Law School Blue Sky Blog, Harvard Law School Forum on Corporate Governance and Financial Regulation, and PaymentsCompliance. He is the Editor of the ITAR Enforcement Digest and a contributor for the CFIUS chapter of the M&A treatise Takeover Defense: Mergers and Acquisitions. He is also a co-author of Fried Frank's International Trade and Investment Alert®, which reports on significant developments regarding CFIUS, economic sanctions, export controls, and other regulatory compliance matters affecting business activities.
Prior to joining Fried Frank in 2014, Mr. Gershberg was of counsel at a large international law firm.
Bar Admissions/Licensed Jurisdictions
New York; District of Columbia; US Court of Appeals for the Third Circuit; US Court of Appeals for the Federal Circuit; US Court of International Trade